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HomeMy WebLinkAbout02-1192 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?1 'i) 'i61-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 Plaintiff TERM NO. 02 - /Iqd--...... C;,J~ (y~ CUMBERLAND COUNTY v. JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 Defendant(s) CTVTT, ACTION - T ,A W COMPT ,ATNT TN MORTGAGR FORRCT ,OSTTRR NOTTCR **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0013291943 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is CENDANT MORTGAGE CORPORATION 6000 ATRillM WAY MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN R. METZ, ill 551 NORTH BEDFORD STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/27/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1648, Page 230. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/01 through 3/1/02 (Per Diem $17.37) Attorney's Fees Cumulative Late Charges 10/27/00 to 3/1/02 Cost of Suit and Title Search Subtotal $74,676.10 2,640.24 1,250.00 91.64 5.5..OJlli $79,207.98 Escrow Credit Deficit Subtotal 0.00 .51i.3..6 $ 'in 1n TOTAL $79,264.34 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in n:m Judgment against the Defendant(s) in the sum of $79,264.34 , together with interest from 3/1/02 at the rate of $17.3 7 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. F~ERMAN AND ~ELAN, LLP By: .-j'"/1A-v S /. ~. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot or piece of ground. together with the improvements thereon. situate in the Borough of Carlisle. County of Cumberland and State of Pennsylvania. the some being bounded and described as follows. to wit: Situate on the East side of North Bedford Street and bounded as follows: On the North by lot of ground now or formerly of Elmer Morrison; on the East by an alley; on the South by lot of ground now or formerly of John W. Rupp; and on the West by North Bedford Street containing twenty-one feet in front on said North Bedford Street and extending In depth one hundred fifty feet to said alley. BEING the same premises which Doris E. Bowen. widow. by deed doted March 1. 1983. which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 3O-B. Page 754. granted and conveyed to William C. Witmer and Christine V. Witmer. husband and wife. Grantors herein. PREMISES BEING ON: 551 NORTH BEDFORD STREET VERIFICATION MARC J. HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ibfI4 DATE: \iJ!b(Do--. ~ ~ ~ 'i 7i ~ ~ ~ ~5) .... ~ f5>8~ N }oJ ~ 1:. I I ~~ 00 t t~ ~ o (') rv C s: :1: -0 0:] ,;;~ m [n ;>j Z~ 65S:.. -< . ~C) >f~) Z"-' "".CJ ,;--C ~r =<! .1 , rn ~-, ..~ , I <C) -0 __ _~'_: ~ u~~ 5:J -< (.:J o -;1 --I € SHERIFF'S RETURN - REGULAR CASE NO: 2002-01192 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS METZ JOHN RIll BRYAN WARD , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon METZ JOHN RIll the DEFENDANT , at 1549:00 HOURS, on the 13th day of March , 2002 at 551 NORTH BEDFORD STREET CARLISLE, PA 17013 by handing to JOHN R METZ III a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 ~~~ R. Thomas Kline 03/14/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: ,~~y bt J,- j Sheriff me this ~ ,J,o - day of ~ ~~ A.D. C\.'u.- O~. P~IA~ Il~ r 1?rothonotaryJ - FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 02-1192 Civil term JOHN R. METZ, III Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN R. METZ. III and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/02 to 4/16/02 TOTAL $79,264.34 $ 799.02 $80,063.36 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~Q~AAA~ FRANK F DERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICnD. . ,~ ~ DATE: iJ.p1l..-l( 171).Clo~ ~ J , PRO PROTHY . FEDERMAN AND PHELAN BY: FRANKFEDERMAN,ESQUffiE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 'i) 'i1i1- 7000 CENDANT MORTGAGE CORPORATION Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. JOHN R. METZ, III Defendant(s) CUMBERLAND COUNTY NO. 02-1192-CIVIL TO: JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, PA 17013 COpy DATE OF NOTICE. APRIL 3. 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 </7/1aAtL p~ Frank Federman, Esquire Attorney for Plaintiff ~1-Ii~ _ ...... C> ~ ~ ~ ~ 3 ~ ~ ~ Y<>J (") c ~ ;:gi:n zrn z:t! U)e;-:,: :<">-. r;::CJ ?2:n 'b:O -c z :< . o r~ :0- -0 ::u ~ :;J ;+1 ::0 r- v"f'Tl ..(""J ('.'5 T ...,0 ~~~ '<--rr1 ~ ~ -' -u ::.; r:- .. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTAGE CORPORATION 6000 ATRIUM WAY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 02-1192 Civil term JOHN R. METZ, III Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) . that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN R. METZ, III is over 18 years of age and resides at, 551 NORTH BEDFORD STREET, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 t1A\~~^ l^^(lA,,\, RANK F ERMAN, ESQUIRE Attorney for Plaintiff 0 0 0 c '" -n $: ;too :::l ""Oro -0 ;c{;-n mrn :::0 -";hi z:x; zr- -' :0:5 UJ_'t.... ':J ,,<2 ~-l::> ~CJ -0 :c " '- '"'T1 ~8 ::;: ~~o -...m ,-( r:- -~ J>-c ~ ~ '. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTAGE CORPORATION Plaintiff, v. No. 02-1192 Civil term JOHN R. METZ, III Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $80,063.36 Interest from 4/16/02 to 9/04/02 (per diem -$13.16) $ 1,855.56 and Costs TOTAL $81,918.92 't ~, ~k W\lli,~ RANK FE E AN, ESQUIRE One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. \. .. . ~ l"l ..... <:> r-- ..... < =- r.S ..l CI.l ... ~ ...:$ u ,.; o~ Z Z fo;l CI.l> 0 0 ~ ... ~~ ... Eo- ~ Eo- ~ CI.l =-CI.l U ~ 13 ZZ 0 == ~'E' OZ ~ fo;l :I 0 ~ ~t: N ... ~ ... 0 Q '" ~ . U Eo- 0"C fo;l " ~~ ~ Eo- t = .r> fo;l >. ~ .; i:i!~ = 8 .. 00 ~ l:ll ~f.o ~ el Eo-u Z =: = 0 " =:Q 0 = ?Zi Z g. ~ 0 p.. ~~ ..... " ... fo;l6 on .... 8~ Eo- on II ~ =- ... ~ fo;lfo;l u 0; == Q ~ '" 1i ~ Eo-~ Z ~ z~ fo;l - u =- .~ I "'u ... , , , I , ALL THAT CERTAIN lot or piece of ground, together with the improvements thereon, situate in ti/ Borough of Carlisle, County of Cumberland and State of Pennsylvania, the same being bounded lr;ct described as follows, to wit: SITUATE on the East side of North Bedford Street and bounded as follows: On the North by lot of ground now or formerly of Elmer Morrison; on the East by an alley; on;te South by lot of ground now or formerly of John W. Rupp; and on the West by North Bedford Str containing twenty-one feet in front on said North Bedford Street and extending in depth one hun fifty feet to said alley. TAX PARCEL #20-1800-082 TITLE ~~ SAID P~EMISE:" IS YESTE.D IN ~ John R. ~~ II~ Deed from William C. Witmer and Chnstme V. Witmer, HIS Wife, dated 10/27/2000 and recoroea 10/27/2000 in Record Book 232, Page 747. ALL THAT CERTAIN lot or piece of ground, together with the improvements thereon, situate in t"/ Borough of Carlisle, County of Cumberland and State of Pennsylvania, the same being bounded lr;"d described as follows, to wit: SITUATE on the East side of North Bedford Street and bounded as follows: On the North by lot of ground now or formerly of Elmer Morrison; on the East by an alley; On;the South by lot of ground now or formerly of John W. Rupp; and on the West by North Bedford Str containing twenty-one feet in front on said North Bedford Street and extending in depth one hun d fifty feet to said alley. TAX PARCEL #20-1800-082 TITLE TO SAID PREMISES IS VESTED IN John R. ~~tz II~ Deed from William C. Witmer and Christine V. Witmer, His Wife, dated 10127/2000 and r:Corue<1 10/27/2000 in Record Book 232, Page 747. , ~ ~ -- ~l1vc; t .fQ. 0 ~ ..o~:,. 0 ~ ~ ~ 1,o\J , ~ .(: g 0 '''' . ~ g c: :r" :'- < ;<:: ",. d 0 o(;:c) "'U\"IJ -0 ~'F g Go) mrn :;0 :-:H:9 j Z::.:~ ~ I 0F zs:, ...... I., I "- I (I) ;.? ;~) () ~ ~ r'c; -0 ':~~:B "'~ :~ ~_., :x ;':;0 ... - ~ ~(j '3m , " r- .... );......c .. '--j '> ;- " ~ :'0 l\ -< '" .... ""' '""" V WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 02-1192 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTAGE CORPORATION, Plaintiff (s) From JOHN R. METZ, III, 551 NORTH BEDFORD STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,063.36 L.L. $.50 Interest FROM 4/16/02 TO 9/4/02 (PER DIEM - $13.16) $1,855.56 AND COSTS Atty's Comm % Atty Paid $103.45 Plaintiff Paid Date: APRIL 17, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division -Bv: aa~" 2. '7fC/l~~~r:v~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN R. METZ, III NO. 02-1192 Civil term Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. l )...(iA ~Ul\"()..i\j\ RANK FE ERMAN, ESQUIRE Attorney for Plaintiff o c s:: -0 CD mfrl Z:T,1 Zl~-~ ~~~ 1<0 ?Ze;. -=( , >e: :z: ::;! C N :>:>- -0 ;;0 ~ .-1 ~,-:I! , r ~)J'n "ho ')6 .;:J:B ~~(-, /:-~m ~ ~ -.I "'U :x s:- CENDANT MORTAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN R. METZ, III CIVIL DIVISION Defendant(s). NO. 02-1192 Civil term AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,551 North Bedford Street, Carlisle, P A 17013 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R. METZ, III 551 NORTH BEDFORD STREET Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 551 North Bedford Street Carlisle, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. APRIL 16. 2002 DATE ~~~~ FED RMAN, ESQUIRE Attorney for Plaintiff . 0 Cl ~ ~ N ".. "-< -OeD -0 ':::r:-n infl'" ::0 :'l1p I ?::Q' -rJfll Zl;: -.I ::J6 U)<fC:~; ~-?; :> , ~,.".: i r::CJ '"'U ::r:~ I I ~-- JJ: f:J-- ~"'''l... .' C,~ I ~{~ ,;'-~. II :Pc: r;:- 0 ., ~ I :z I :< '< 1 , , ! CENDANT MORTAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 02-1192 Civil term JOHN R. METZ, III Defendant(s). April 15,2002 TO: JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY. ** Your house (real estate) at, 551 North Bedford Street, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on 9/04/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80,063.36 obtained by CENDANT MORT AGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN iF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THA T CERTAIN lot or piece of ground, together with the improvements thereon, situate in tl1/" Borough of Carlisle, County of Cumberland and State of Pennsylvania, the same being bounded ~d described as follows, to wit: SITUATE on the East side of North Bedford Street and bounded as follows: On the North by lot of ground now or formerly of Elmer Morrison; on the East by an alley; on~he South by lot of ground now or formerly of John W. Rupp; and on the West by North Bedford Stre containing twenty-one feet in front on said North Bedford Street and extending in depth one hun d fifty feet to said alley. TAX PARCEL #20-1800-082 rITLE '!~ SAID PREMISE:" IS .vEST~D IN < John R. I>.(~ II" Deed from William C. Wilmer md Chnstme V. WIlmer, HIS WIfe, dated 10/27/2000 and recorded J0/27/2iXXJ in Record Book ~32, Page 747. (") <::> 0 c: "" -" s:. "" -eG''; '''0 ::;:] !:pm ;;0 ,- ~:D :'2,~ zr' -.I end?: -c- (..) ~6 -u :;;i.,.-; ?'5:!J ~o :x ;::";7("") e',,"m --0 r:- ~ :PC .. ~ ?O '< AFFIDAVIT OF SERVICE ~TN\ I'T,AINTIFF CENDANT MORTAGE CORPORATION CUMBERLAND COUNTY KMD . DEFENDANT(S) No. 02-1192 Civil term JOHN R. METZ, III ACCT. #0013291943 SERVE JOHN R. METZ, III AT 551 NORTH BEDFORD STREET CARLISLE, P A 17013 Type of Action - Notice of Sheriff's Sale Sale Date: 9/04/02 SERVED Served and made known to :Jd~,", IZ,. M ~.:~'t: f 7l!: , Defendant, on the ;1 i rf~ at 8"'~O'clockf.m.,a~ S'5( >-it Y.3~~~J. -:'5~'} CSl<llS\1:.. day of 4d-, 200~ , Commonwealth of Pennsylvania, in the manner described below: $Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I Ie I ~1 I . \\. . . J J I. \... \ Description: Age~ Height ,; !O WeightJ!jQ Race~Sex---1:::L Other ~(t" ').',<</ JI~~.5C'$' I, C <:'- t<: '1;" a competent adult, being duly sworn according to law, depose and state that I personallJ' handed a true and correct copy of the N tice of Sheriffs Sale in the tioned case on the date and at the address indicated above. Sworn to and s~triged bei~e tpis t'\iay of \ \ ,OO~ Nota :P~lYL ~Il~.') By: PL;A~~~~MP~~~~ LEAST 3 TIMES. INDICA ES OF SERVICE ATTEMPTED. NOT SERVED Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 '''', (") c: "7' ......,. -vi'i nlpi Z::A) :;;':::l U) ", ~Ej J:::> c-\ b('~ J;-"""C:' z =2 j ~ C.:> N .-.;- -"' :c::-- -< "\ . o -n I {~...; :T1 c::, ,,'" '-' ~ -"" -, ' "',C} >-,j) -.'~~:~ ~ 5:i -< 01 (j\ .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CENDANT MORTGAGE CORPORATION ) ) CIVIL ACTION vs. JOHN R. METZ III ) ) CIVIL DIVISION NO. 02-1192 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on 4/16/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 4/16/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Julv 18. 2002 ~NKFfD~:~AES~IRE Attorney for Plaintiff ...., t"" ~. ~ - ;:;:; - - \0 00 ...., 0\ V. .j:>. W N - ~. . - v. .j:>. N - <:> C:2 ~ " "!l- Oon ~ ",' "'>; ::l. '" (j" ~ 5. 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METZ, III 55] NORTH BEDFORD STREET CARLISLE, PA 17013 SENDER: KMD REFERENCE: #001329]943 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail ~ _.___n...,._________________________u.____._.____ ______n_______.__n.~-..:'__-----.________,.---_.----- . o c ~,.,.. ~" U\:~;' nlr~ "":'"7 --,-. zr (;') "' -< r:: ~;c; ~(>} >c'~: ~ 'f,.... h~~~; d 7r lii!.l h 7Z lnr" ,. l - U t v_ ).Hi i ' '<I ~ .11.:/111,11' . I, .ii, J ,:;j,H} . ;"..) \.::; '(.-) :',j "v (...;J I :q -, Cendant Mortgage Corporation VS John R. Metz, III In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. o.2-W1;L Civil TErm R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Certified Mail 30.00 20.00 .50 1.00 6.90 15.00 15.00 15.00 25.20 9.52 191.00 155.35 --.1.l1 $485.64 paid by attorney 09/05/02 S~.,<~ ThisLdayof 11'--;;:'1... ~ n R. Thomas Kline, Sheriff 2002, A.D. ~ 0 ~Jft1 BY J6C.U( r~a Prothonotary Real Estate Deputy Sworn and subscribed to before me ,.)'0 3~ os... c.k ~ CENDANT MORTAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. JOHN R. METZ, III CIVIL DIVISION Defendant(s). NO. 02-1192 Civil term AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,551 North Bedford Street, Carlisle. PA 17013 . I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R. METZ, III 551 NORTH BEDFORD STREET Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 551 North Bedford Street Carlisle, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. APRIL 16.2002 DATE ~~~~ NK FED RMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 02-1192 Civil term JOHN R. METZ, III Defendant(s). April 15, 2002 TO: JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 ""THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY"" Your house (real estate) at , 551 North Bedford Street, CARLISLE, P A 17013, is scheduled to be sold at the Sheriff's Sale on 9/04/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $80,063.36 obtained by CENDANT MORTAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: '!' I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN iF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece of ground, together with the improvements thereon, situate in t~ Borough of Carlisle, County of Cumberland and Slate of Pennsylvania, the same being bounded /r;d described as follows, 10 wit: SITUA TE on Ihe East side of North Bedford Slreet and bounded as follows: On the North by 101 of ground now or formerly of Elmer Morrison; on the East by an alley; on~he South by lot of ground now or formerly of John W. Rupp; and on the West by North Bedford Stre containing twenty-one feet in front on said North Bedford Street and extending in depth one hun d fifty feet to said alley. TA-X PARCEL #20-1800-082 ~ITLE ,!O SAID PREMISES IS .VESTED IN. John R. M~I'- II~ Deed from William C. Witmer nd Chnstme V. WItmer, HIS WIfe, dated 10/27/2000 and recorded 10/27/2000 in Record Book 32, Page 747. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1192 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORT AGE CORPORATION, Plaintiff (s) From JOHN R. METZ, III, 551 NORTH BEDFORD STREET, CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,063.36 L.L. $.50 Interest FROM 4/16/02 TO 9/4/02 (PER DIEM - $13.16) $1,855.56 AND COSTS Atty's Comm % Arty Paid $103.45 Plaintiff Paid Date: APRIL 17,2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division ~: .-a 0." n P.~(J)~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #07 On May 9,2002 the sherifflevied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A Known and numbered as 551 North Bedford Street, .. Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2002 By: ~~O-O, \6~loal~ ,'" I (l; i: 'J ~1 j d \ I, ~ ~ ~ ~) u~, '..' ~,j1\\111\. ."., \. (t,J ; IJJ(J \~ ~~ ~'0' \\>~/".' ~/0 (/ , r.( ('I B\ ~J~ , . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duiy sworn according to law, deposes and says: That he is the Controller of The Patriot News Co.. a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and-Ille. Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daiiy andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personai knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duiy recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #7 REAL ESTATE SALE No.7 Writ N<>.2002-1192 CIVIl Term Cendent Mort9ege Corp. v. John R. Metz,lIl Atty: Frenk Federman DESCRIPTION , ALL THATCERI'AIN lot or piece of. ,groUII? together with the improvements thereof. Situate m the Borough of,Carlisle, CountyofG:umberl~ and State of Pennsylvania, the sa,me bemg bowided and described as follows, to WIt: SITUATE on the East ,ide of N~ Bedford Street and bounded as follows: On the North by lot of ground oow on formerly of Elmer Morrison; on the East by an alley; 011 the South by lot of ground now or formerly, of John w. Rupp; and on the West by ~ortb Bedfo~ Street containing twentr..onc feet. m ~ront on Said North Bedfon! Sttoet and "tending In de!'h one hundred fifty feet Ii> said alley. TAX PARCEL #JO.18llO-082. . ' TITLE 1'0 SAID PREMISES is vested m John R. Metz, ill by Deed from Wllllant C. Wluner and Publisher's Receipt for Advertising Cost Christine V. Witmer, his wife, dated lOmnOOO. . and recorded II\I27/2lKKl in Record Book 232, publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general , Page 74L.. , ..o'=rf aCKnOWledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. ;3if..~....k......................................................... L-.- Sworn to and subscribed before me this 14th day of ug 2002 A.D. Nolanal Seal Q './ TenyL.RusSell.NotaIYPutjic 1'////7"'( / (/4"::JkUf-C' City Of Harrisburg, Dauphin County My Commission Expires June 6. 2006 NO A.RY PUBLIC Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For pubiishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 153.60 1.75 155.35 By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 ST ATE OF PENNSYL V ANlA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: JULY 26, AUGUST 2,9,2002 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subj ect matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 7 ~/~ -- ..J..oger M. Morgenthal, Editor Writ No. 2002-1192 Civil Cendant Mortgage Corporation VS. John R Metz. III Arty.: Frank Federman ALL TIlAT CERTAIN lot or piece of ground, together with the im- provements thereon. situate in the Borough of Carlisle, County of Cwn- berland and State of Pennsylvania. the same being bounded and de- scribed as follows, to wit: SITUATE on the East side of North Bedford Street and bounded as fol- lows: On the North by lot of ground now or formerly of Elmer Morrison: on the East by an alley; on the South by lot of ground now or for- merly of John W. Rupp; and on the West by North Bedford Street con- taininl:!: twenty-one feet in front on SWORN TO AND SUBSCRlBED before me this 9 day of AUGUST. 2002 NOT. tseAL LOIS E. SNYDER, Nol8ry PublIc C8l1I&Ie BorD, CIrnbertand CoIIIlY My CoI..",lll8lon Expir8I ~ 5. 2006 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, v. No.02-1l92-CIVIL JOHN R. METZ, III Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $80,063.36 Interest from 4/18/04 to SEPTEMBER 8, 2004 (per diem -$13 .16) $1,895.04 and Costs TOTAL $81,958.40 ~n fi. ~ (iV\ f'(i.~J FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. C' .'.J ;~;l ~'-, ~t !~'2iU.! j""::: :x: 1.1.. 2'; o ~ (,!.'} (Y) ("oJ ...:S Z ~ ... OZ 0 .... ",< ... ~ ~~ ~ U ~'"' ...l> :: =-'" 0 ... !:oil ;l ... ZZ ~ ... ... 0 OZ 0 N O~ ~[f u .... .... .. !:oil ;~ ~;>< !:oil ~ ~ 0.... '-' .. ~ ~ ~ UZ ~ c:.::~ "'8 Z 01:: Ou ~ S ... 0 ~~ !:oil~ ~ .... =-~ ~~ ... ~ u 8~ !:oil ~ !:oil !:oil ~ == ....~ Z !:oil z~ U "'u '. ;1... 7--- . -:::t.A ::: ~ c:t.~: -=:d~,;;::: r-~ ()~~Q\) () ::r ..J '-1 0 v; ...: ~~~ ~f'tj::;r . ,.~ Ci ! ~ ~ ~ - \:::J I I 0 0- () (J) () () -...;, - "'" lI) 0 ...... ...J fr -i to..... f~ s~ <8 ;>. '. Q) E o ~ -i::i Q) ~ ii: ..., .... => r- .... < =- rJ ...l '" ~ < u .... !:oil ~ .... '" ~ o ... ~ !:oil = = .... c:.:: o Z .... lI"l lI"l en on Q) .. '"d '"d -< -d Q) ~ Q) on Q) .n ;>. to 8 on [; g- o. Q) .. Q) ..<:: :::: ~ --..9 r-( ~ r<} t~ c:J ~ ~ ~ """ '-J ~ It -j-- OS! :3 J -r- .rd ;S --.J ~ QL ALL THOSE CERTAIN LOT OR PIECE OF GROUND, TOGETHER WITH THE IMPROVEMENTS THEREON, SITUATE IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, THE SAME BEING BOUNDED AND DESCRIBED AS FOLLOW, TO-WIT: SITUATE ON THE EAST SIDE OF NORTH BEDFORD STREET AND BOUNDED AS FOLLOWS: ON THE NORTH BY LOT OF GROUND NOW OR FORMERLY OF ELMER MORRISON; ON THE EATY BY AN ALLEY; ON THE SOUTH BY LOT OF GROUND NOW OR FORMERLY OF JOHN W. RUPP; AND ON THE WEST BY NORTH BEDFORD STREET CONTAINING TWENTY-ONE FEET IN FRONT ON SAID NORTH BEDFORD STREET AND EXTENDING IN DEPTH ONE HUNDRED FIFTY FEET TO SAID ALLEY. TITLE TO SAID PREMISES IS VESTED IN John R. Metz, III by Deed from William C. Witmer and Christine V. Witmer, his wife, dated 10/27/2000 and recorded 10/27/2000 in Record Book 232, Page 747. TAX PARCEL 20-1800-082 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 02-1192 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest aod costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From JOHN R. METZ, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISREE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying aoy debtto or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of aoyone other thao a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,063.36 L.L. $.50 Interest FROM 4/18/04 TO 9/8/04 (PER DIEM - $13,16) - $1,895.04 AND COSTS Ally's Conun % Due Prothy $1.00 Ally Paid $601.59 Other Costs Plaintill' Paid Date: MAY 12, 2004 CURTIS R. LONG (Seal) Prothonot~ <- l\y' ./69 D.- ., - 2 . 7ro...y ~r-- Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADLEPRIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 __~:l \- B' ~,~ IN" UNITED STATES BANKRUPTCY CaT ~D f <'2. '1 Q/ Q {/S FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 0 eJd- I ( 1- INRE: John R. Metz, DI Bk. No, I 02-04787-MDF Debtor Chapter No. 13 Cendant Mortgage Corporation Movant v. 11 U.S.C. ~362 John R. Metz, m Respondent ORDER MODIFYING ~362 AUTOMATIC STAY ~ () &/l ,,: 8 AND NOW, this (p day of ~"'-'" , 2004, upon Motion of Cendant Mortgage Corporation, (Movaot), it is: ORDERED that the Automatic Stay of all proceedings, as provided under g362 of the Bankruptcy Code II U,S,C g362 is modified with respect to premises 551 North Bedford Street, Carlisle, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movaot to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises and ORDERED that RuJe 4001(a)(3) is not applicable aod Cendant Mortgage Corporation ='-..."~r_..;">'_':~,;:..=;:~, cc: Judith T. Romaoo, Esquire One Penn Center at Suburbao Station, Suite 1400 Philadelphia, PA 19103-1814 Charles J. DeHart, III, Esquire (Trustee) P,Q,Box410 Hununelstown, PA 17036 Matthew J. Eshelmao, Esquire 2108 Market Street CampHill,PA 17011 FllED HARRISBURG p~ APR - 6 2004 ~ John R. Metz, III 551 North Bedford Street Carlisle, PA 17013 Clerk, U.S. aankruptcy Court FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CML DIVISION JOHN R. METZ, III NO. 02-1192-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~1}N.~Q.J\l'\'l1)r+... FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ",__J ( -.r.' I" :' ',....; cr, CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN R. METZ, III CIVIL DIVISION Defendant(s). NO.02-1192-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 551 NORTH BEDFORD STREET, CARLISLE, P A 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 551 NORTH BEDFORD STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 10, 2004 DATE -1t Osi ~ d!J\ J'fi (\fC FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~,~ c::-> "~ '''''!'; C) " .-' :r -, il ---. r,,: ":1 . c", 0:' .< {.::.' CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No.02-1192-CIVIL JOHN R. METZ, III Defendant(s). May 10, 2004 TO: JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 551 NORTH BEDFORD STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $80,063.36 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THOSE CERTAIN LOT OR PIECE OF GROUND, TOGETHER WITH THE IMPROVEMENTS THEREON, SITUATE IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND ST ATE OF PENNSYL VANIA, THE SAME BEING BOUNDED AND DESCRIBED AS FOLLOW, TO-WIT: SITUATE ON THE EAST SIDE OF NORTH BEDFORD STREET AND BOUNDED AS FOLLOWS: ON THE NORTH BY LOT OF GROUND NOW OR FORMERLY OF ELMER MORRISON; ON THE EATY BY AN ALLEY; ON THE SOUTH BY LOT OF GROUND NOW OR FORMERLY OF JOHN W. RUPP; AND ON THE WEST BY NORTH BEDFORD STREET CONTAINING TWENTY-ONE FEET IN FRONT ON SAID NORTH BEDFORD STREET AND EXTENDING IN DEPTH ONE HUNDRED FIFTY FEET TO SAID ALLEY. TITLE TO SAID PREMISES IS VESTED IN John R. Metz, III by Deed from William C. Witmer and Christine V. Witmer, his wife, dated 10/27/2000 and recorded 10/27/2000 in Record Book 232, Page 747. TAX PARCEL 20-1800-082 (-'". r--" C) 1:,:-_' Co.", -n -- ---1 - , ;-: r.' ~ (.) 0' Cendant Mortgage Corporation VS John R. Metz, III In The Court ofCornmon Pleas of Cumberland County, Pennsylvania Writ No. 2002-1192 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff s Costs: Docketing Poundage Levy Surcharge Law Library Prothonotary 30.00 1.33 15.00 20.00 .50 1.00 $ 67.83 paid by attorney 06/18/04 Sworn and subscribed to before me ~ ~ This JIJdayof ~ ~ t...-&A / l R. Thornas Kline, Sheriff 2004, A.D. "-1'-'1""'- (). !h~~, ~ BY .Jod..M S ~~ Prothonotary Real Estaie Deputy , \$0 , t:.k.. '/1...11 \ ~ I,{) 'I/o CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN R. METZ, III CIVIL DIVISION Defendant(s). NO.02-1192-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 551 NORTH BEDFORD STREET, CARLISLE, PA 17013. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NODe 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 551 NORTH BEDFORD STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 10, 2004 DATE --1l fiJi. ~ ~ dit\J\t ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No.02-1192-CIVIL JOHN R. METZ, III Defendant(s). May 10, 2004 TO: JOHN R. METZ, III 551 NORTH BEDFORD STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 551 NORTH BEDFORD STREET. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $80.063.36 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you rnay call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer rnay bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THOSE CERTAIN LOT OR PIECE OF GROUND, TOGETHER WITH THE IMPROVEMENTS THEREON, SITUATE IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND STATE OF PENNSYL VANIA, THE SAME BEING BOUNDED AND DESCRIBED AS FOLLOW, TO-WIT: SITUATE ON THE EAST SIDE OF NORTH BEDFORD STREET AND BOUNDED AS FOLLOWS: ON THE NORTH BY LOT OF GROUND NOW OR FORMERLY OF ELMER MORRISON; ON THE EATY BY AN ALLEY; ON THE SOUTH BY LOT OF GROUND NOW OR FORMERLY OF JOHN W. RUPP; AND ON THE WEST BY NORTH BEDFORD STREET CONTAINING TWENTY-ONE FEET IN FRONT ON SAID NORTH BEDFORD STREET AND EXTENDING IN DEPTH ONE HUNDRED FIFTY FEET TO SAID ALLEY. TITLE TO SAID PREMISES IS VESTED IN John R. Metz, III by Deed from William C. Witmer and Christine V. Witmer, his wife, dated 10/27/2000 and recorded 10/27/2000 in Record Book 232, Page 747. TAX PARCEL 20-1800-082 -~;..T .....> (..:::> ~..... ." C::z ....,_ ...", :c c-. c::: V'1(.."; ,...-t ~~ N :t',;" I'"'~, ("") W- e , ~f~ C"-..J ....:::> ~ ....'" ... Co ::c Real Estate Sale #09 On May 14, 2004 the sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 551 North Bedford Street, Carlisle, more fully described on Exhibit "A" ~ ~ c::::;:2 &e> v:a filed with this writ and by this reference incorporated herein. <l: ;Pate: May 14, 2004 J< ~ :;.~ , ...; By:Ja k/S _ Svw.1:~ Real E;ta~ Deputy :>- ,'" ,:.I) , -.2: "..)..4.- w CL WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-lt92 Civil CIVIL ACTION n LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From JOHN R. METZ, III (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is el\ioined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $80,063.36 L.L. $.50 Interest FROM 4/18/04 TO 9/8/04 (PER DIEM - $13.16) -- $1,895.04 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $601.59 Plaintiff Paid Date: MAY tz, 2004 Other Costs CURTIS R. LONG (Seal) Protho:2, 7n -...8y: ,,~,. . P. , (02.4....., c.r- Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQIDRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PRILADLEPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. tz248 PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrnieg, Esq., Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 02-1192-CIVlL vs. JOHN R. METZ, ill Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT. VACATE JUDGMENT AND DISCONTINUE AND END ACTION. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the cornplaint filed in the instant matter, without prejudice, vacate the judgment entered on 04/17/02 in the amount of$79,264.34 and rnark this case discontinued and ended, upon payrnent of your costs only. 10/#/670 t By:~cIS S)~ Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq. Daniel G. Schrnieg, Esq. Attorneys for Plaintiff Date t"-.) C" 5). c ~, ...-:, .....J qi .--\ ""'-r"' ,"-Dr:, ~clV:\ -,;..,.-' ~~?'c~} ~, -:.'" ~{f "::l :Z r:-? - ::'